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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Child Support
Legislation Amendment Bill 2000
No. ,
2000
(Community
Services)
A Bill for an Act to amend
legislation relating to child support and family law, and for related
purposes
ISBN: 0642
429561
Contents
Child Support (Assessment) Act
1989 3
Child Support (Registration and Collection) Act
1988 4
Family Law Act
1975 5
A Bill for an Act to amend legislation relating to child
support and family law, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Child Support Legislation Amendment Act
2000.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Child
Support (Assessment) Act 1989
1 At the end of
subsection 4(2)
Add:
; and (e) that Australia is in a position to give effect to its
obligations under international agreements or arrangements relating to
maintenance obligations arising from family relationship, parentage or
marriage.
Insert:
(1) The regulations may make provision for, and in relation to, the
following matters:
(a) giving effect to an international agreement that relates to
maintenance obligations arising from family relationship, parentage or
marriage;
(b) maintenance obligations arising from family relationship, parentage or
marriage, where:
(i) the maintenance is claimed by or on behalf of a person who is in a
reciprocating jurisdiction; or
(ii) the person from whom the maintenance is claimed is in a reciprocating
jurisdiction.
(2) Regulations made for the purposes of this section may:
(a) confer jurisdiction on a federal court (other than the High Court) or
a court of a Territory; or
(b) invest a court of a State with federal jurisdiction.
(3) Regulations made for the purposes of this section:
(a) may be inconsistent with this Act; and
(b) prevail over this Act (including any other regulations or other
instruments made under this Act), to the extent of any inconsistency.
(4) In this section:
international agreement means an agreement whose parties
are:
(a) Australia and a foreign country; or
(b) Australia and 2 or more foreign countries.
reciprocating jurisdiction means:
(a) a foreign country; or
(b) a part of a foreign country;
that is prescribed by the regulations to be a reciprocating jurisdiction
for the purposes of this section.
Child
Support (Registration and Collection) Act 1988
3 At the end of
subsection 3(1)
Add:
; and (c) that Australia is in a position to give effect to its
obligations under international agreements or arrangements relating to
maintenance obligations arising from family relationship, parentage or
marriage.
Insert:
(1) The regulations may make provision for, and in relation to, the
following matters:
(a) giving effect to an international agreement that relates to
maintenance obligations arising from family relationship, parentage or
marriage;
(b) maintenance obligations arising from family relationship, parentage or
marriage, where:
(i) the maintenance is claimed by or on behalf of a person who is in a
reciprocating jurisdiction; or
(ii) the person from whom the maintenance is claimed is in a reciprocating
jurisdiction.
(2) Regulations made for the purposes of this section may:
(a) confer jurisdiction on a federal court (other than the High Court) or
a court of a Territory; or
(b) invest a court of a State with federal jurisdiction.
(3) Regulations made for the purposes of this section:
(a) may be inconsistent with this Act; and
(b) prevail over this Act (including any other regulations or other
instruments made under this Act), to the extent of any inconsistency.
(4) In this section:
international agreement means an agreement whose parties
are:
(a) Australia and a foreign country; or
(b) Australia and 2 or more foreign countries.
reciprocating jurisdiction means:
(a) a foreign country; or
(b) a part of a foreign country;
that is prescribed by the regulations to be a reciprocating jurisdiction
for the purposes of this section.
Insert:
(1) The regulations may make provision for, and in relation to, the
following matters:
(a) giving effect to an international agreement that relates to
maintenance obligations arising from family relationship, parentage or
marriage;
(b) maintenance obligations arising from family relationship, parentage or
marriage, where:
(i) the maintenance is claimed by or on behalf of a person who is in a
reciprocating jurisdiction; or
(ii) the person from whom the maintenance is claimed is in a reciprocating
jurisdiction.
(2) Regulations made for the purposes of this section may:
(a) confer jurisdiction on a federal court (other than the High Court) or
a court of a Territory; or
(b) invest a court of a State with federal jurisdiction.
(3) Regulations made for the purposes of this section:
(a) may be inconsistent with this Act; and
(b) prevail over this Act (including any other regulations or other
instruments made under this Act), to the extent of any inconsistency.
(4) In this section:
international agreement means an agreement whose parties
are:
(a) Australia and a foreign country; or
(b) Australia and 2 or more foreign countries.
reciprocating jurisdiction means:
(a) a foreign country; or
(b) a part of a foreign country;
that is prescribed by the regulations to be a reciprocating jurisdiction
for the purposes of this section.